Plaintiff Erik Curran alleges that (1) defendant Amazon.com, Inc. sold a novel titled "Killer Elite" that was published by defendant St. Martin's Press, LLC and ha a photograph of plaintiff on the cover; (2) defendant Getty Images, Inc. provided the photograph of plaintiff to St. Martin's Press; (3) defendant Hot Toys, Ltd. was using plaintiff's photograph as a model for an action figure, and (4) defendant Cafepress.com Inc. sold t-shirts bearing plaintiff's photograph.
Erik Curran |
Amazon.com, Inc., Getty Images, Inc., St. Martin's Press, LLC, Hot Toys, Ltd., Cafe Press.Com, Inc. and Sideshow, Inc. |
2:2007cv00354 |
June 1, 2007 |
US District Court for the Southern District of West Virginia |
Charleston Office |
Kanawha |
John T. Copenhaver, Jr. |
P.I.: Other |
28 U.S.C. ยง 1332 Diversity-Libel,Assault,Slander |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
66
STIPULATION EXTENDING TIME for Hot Toys, LTD to file a Reply in Support of its Motion to Dismiss to February 20, 2008 by Hot Toys, Ltd., Amazon.com, Inc., Cafe Press.com, Inc., Erik Curran, Getty Images, Inc., Sideshow, Inc., St. Martin's Press, LLC (Pack, Ashley) (Modified for clarity and to add additional filers on 2/11/2008) (skh).
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Filing
61
CERTIFICATE OF SERVICE filed by Erik Curran for Plaintiff's First Set of Interrogatories and Request for Production of Document to Defendant Hot Toys, Ltd. (Love, Charles)
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Filing
60
STATEMENT OF VISITING ATTORNEY from Marc S. Reiner on behalf of Hot Toys, Ltd.. Local counsel: Mychal S. Schulz. Fee $50.00. Receipt # 04250000000000655643. (Schulz, Mychal)
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Filing
55
CERTIFICATE OF SERVICE filed by Erik Curran for Certificate of Service for Plaintiff's First Set of Interrogatories and Request For Production of Documents to Defendant Amazon.Com; Plaintiff's First Set of Interrogatories and Request for Production to Defendant St. Martin's Press, LLC; Plaintiff's First Set of Interrogatories and Request for Production of Documents to Defendant Getty Images, Inc.,; and Plaintiff's First Set of Interrogatories and Request for Production of Documents to Defendant CafePress.Com, Inc. (Love, Charles)
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Filing
54
MOTION by Cafe Press.Com, Inc. for Status Conference (Tinney, John) (Modified for clarity on 1/16/2008) (skh).
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Filing
53
ORDER directing that the previous deadlines are suspended by the following deadlines: Defendants' Rule 26(a)(2)(A) and (B) disclosures due by 02/14/08; Discovery completed by 03/03/08 and all depositions completed by 04/16/08; All Dispositive Motions except those filed under Rule 12(b) due by 04/21/08, with responses due by 05/05/08, and replies due by 05/12/08. Signed by Judge John T. Copenhaver, Jr. on 1/3/2008. (cc: attys) (mkw)
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Filing
52
PROPOSED ORDER re 50 STIPULATION EXTENDING TIME by Cafe Press.Com, Inc.,Erik Curran, Amazon.com, Inc. Getty Images, Inc., and St. Martin's Press, LLC (Tinney, John) Modified on 12/26/2007 to add filers and link (Proctor, Rebecca).
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Filing
51
CERTIFICATE OF SERVICE filed by Erik Curran for Certificate of Service to Plaintiff's Objections, Answers and Objections to Defendant Amazon.com, Inc.'s First Set of Interrogatories and Request for Production of Documents; Plaintiff's Objections, Answers and Responses to Defendant St. Martin's Press LLC's First Set of Interrogatories and Request for Production of Documents; and Plaintiff's Objections and Responses to Defendants Amazon.Com., Inc's and St. Martin's Press, LLC's First Request for Admissions (Love, Charles) Modified on 12/18/2007 to replace incorrect image(rap).
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Filing
49
RESPONSE by St. Martin's Press, LLC, Amazon.com, Inc. in support of 48 MOTION by Cafe Press.Com, Inc. to Extend Time to Complete Discovery to 02/22/08. (Barnette, David)
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Filing
48
MOTION by Cafe Press.Com, Inc. to Extend Time to Complete Discovery to 02/22/08 (Tinney, John)
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Filing
47
SUMMONS REISSUED by the Clerk on behalf of Erik Curran for Hot Toys, Ltd., re: 3 Complaint attached to Notice of Removal, returnable 20 days. Original Summons and 2 copies returned to plaintiff's counsel for service. (taq)
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Filing
46
CERTIFICATE OF SERVICE filed by St. Martin's Press, LLC, Amazon.com, Inc. for Amazon.com, Inc.'s and St. Martin's Press, LLC's First Request for Admissions to Plaintiff (Barnette, David)
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Filing
43
ORDER granting plaintiff's 19 MOTION to Amend; the originally-named defendant, Sideshow, Inc., d/b/a Sideshow Collectibles, a Delaware corporation, is dismissed from this action; and Sideshow, Inc., a California corporation, is named as a party in the Delaware corporation's stead. Signed by Judge John T. Copenhaver, Jr. on 10/5/2007. (cc: attys) (mkw)
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Filing
42
CERTIFICATE OF SERVICE by Getty Images, Inc. for Rule 26(a)(1) Initial Disclosures. (Cooke, Andrew)
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Filing
40
CERTIFICATE OF SERVICE filed by Cafe Press.Com, Inc. for CafePress.Com, Inc.'s Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26 (Tinney, John)
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Filing
39
CERTIFICATE OF SERVICE by Erik Curran for Rule 26(a)(1) Initial Disclosures. (Love, Charles)
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Filing
38
ORDER TO APPOINT SPECIAL PROCESS SERVICE AND TO EXTEND TIME FOR FOREIGN SERVICE OF PROCESS appointing APS International, Ltd. Special Process Service for the purpose of serving process on the defendant, Hot Toys, Ltd; granting Plaintiff's 35 MOTION To Appoint Special Process Server and to Extend Time for Foreign Service of Process; directing that plaintiff be granted 180 days from the date of entry of this Order to afford service of process on the aforementioned Hong Kong corporation signatory to the Hague Service Convention. Signed by Judge John T. Copenhaver, Jr. on 8/21/2007. (cc: attys) (mkw) (Modified title of entry on 8/22/2007) (Howie, Susan).
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Filing
37
CERTIFICATE OF SERVICE filed by Erik Curran for Amended Certificate of Service to Plaintiff's Motion to Appoint Special Process Server and to Extend Time for Foreign Service of Process (Love, Charles)
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Filing
36
PROPOSED ORDER To Appoint Special Process Server and To Extend Time for Foreign Service of Process by Erik Curran (Love, Charles)
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Filing
34
SUMMONS ISSUED by the Clerk on behalf of Erik Curran for Hot Toys, Ltd., re: Complaint attached to 3 Notice of Removal, returnable 20 days. Original Summons and 2 copies returned to Plaintiff's Attorney for service. (mkw)
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Filing
33
ORDER: Cancelling the scheduling conference previously set for 8/2/2007, directing that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 9/15/2007. Discovery completed by 2/1/2008; and all depositions completed by 3/17/2008. Expert Witness List by parties bearing the burden of proof due by 12/1/2007, by party not bearing burden of proof due by 1/15/2008, and to solely contradict or rebut evidence due by 2/15/2008. Summary Judgment and Other Dispositive Motions except those filed under Rule 12(b) due by 4/7/2008, with responses due by 4/21/2008, and replies due by 4/29/2008. Any Mediation concluded by 3/15/2008. Settlement Meeting to be held by 6/9/2008. Motions in limine to be filed by 6/16/2008, with responses due by 6/23/2008. Plaintiff's portion of proposed Pretrial Order to defendants due by 6/11/2008, and Proposed integrated pretrial order due by 6/18/2008. Pretrial Conference set for 6/27/2008 at 02:00 PM in Charleston. Proposed Jury Charge due by 7/23/2008. Final Settlement Conference at 10:00 AM on 7/28/2008. Jury Trial set for 7/29/2008 at 09:30 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Magistrate Judge Mary E. Stanley on 7/18/2007. (cc: attys) (taq)
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Filing
32
REPLY by Getty Images, Inc. to 30 Response In Opposition. (Cooke, Andrew)
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Filing
29
REPLY by St. Martin's Press, LLC to 23 Response In Opposition. (Barnette, David)
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Filing
27
REPLY by Amazon.com, Inc. to 21 Response In Opposition. (Barnette, David)
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Filing
26
MEMORANDUM by Getty Images, Inc. in support of 25 MOTION by Getty Images, Inc. to Dismiss (Cooke, Andrew)
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Filing
24
STIPULATION OF DISMISSAL by St. Martin's Press, LLC, Sideshow Inc., Cafe Press.Com, Inc., Erik Curran, Amazon.com, Inc., Getty Images, Inc. (Barnette, David)
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Filing
18
CERTIFICATE OF SERVICE filed by Amazon.com, Inc. for Disclosure of Corporate Affiliations and Financial Interest (Barnette, David)
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Filing
16
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant St. Martin's Press, LLC (Barnette, David)
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Filing
9
MOTION by St. Martin's Press, LLC to Dismiss (Barnette, David)
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Filing
7
STATEMENT OF VISITING ATTORNEY from Ian C. Ballon on behalf of Cafe Press.Com, Inc.. Local counsel: John H. Tinney. Fee $50.00. Receipt # 541775. (Tinney, John)
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Filing
4
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED AUGUST 1, 2006. This matter referred to Magistrate Judge Stanley for discovery. (cc: attys; any unrepresented party) (mkw)
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